USE OF THE PLATFORM
Welcome to agame.fit ( “Website”) its tools and applications is an online service operated and managed by Zywie Ventures Limited ("AGAME" or "we" or "us"). The Website, tools and applications, are together (herein referred as “ Platforms”). While using AGAME's Platform, services or products, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (“User Agreement”/“T&C”), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access/use AGAME Platforms.
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORMS INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
ELIGIBILITY TO USE
Use of the Platforms is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. We reserve the right to terminate your membership and refuse to provide you with access to the Platforms at our sole discretion. The Platforms shall not be available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on the Platforms are available outside India. Those who choose to access this Platforms and its tools from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. We will deliver the products only within states having an open import policy and will not be liable for any claims relating to any products ordered from restricted states.
ACCURACY OF CONTENT AND INVITATION TO OFFER
We have taken reasonable care and precaution to provide accurate data and information. In the preparation of the content for the Platforms , in particular to the prices of the products, we have taken reasonable care to ensure that the prices quoted are correct at the time of publishing and that all products have been adequately described. All prices are displayed inclusive of all taxes. Packaging of the products may vary from that shown on the Platforms . The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the Platforms . However, as the actual colors you see will depend on your monitor/phone screen, we cannot guarantee that your monitor's/phone screen’s display of any colour will accurately reflect the colour of the product on delivery. We are responsible solely for the content available regarding our products/services on the Platforms as provided by us. We shall not be held accountable for reliance placed on information available on any other platform(s)/Platforms(s), including but not limited to social media platforms, unless affirmed by us prior to such reliance.
All products/services and information displayed on the Platforms constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time. In such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such a balance order. No act or omission of AGAME prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your contact details we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
- User is hereby authorized to use the Platforms for a lawful purpose and for the purposes as mentioned under the policies of AGAME. Any violation of the policy will lead to strict legal action against the User in accordance to the terms of the policies and applicable laws;
- AGAME strives to provide the best prices possible on products and services to Users buying or availing from the Platforms. Prices and availability are subject to change without notice or any consequential liability on AGAME;
- The prices and offers displayed for each item under a promotion will be for limited stocks in selected categories and the respective days of the promotion only;
- AGAME may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the Platforms accordingly;
- AGAME shall have the right to modify the price of a product or service any time, without any prior information;
- Cancellation by AGAME, there may be certain orders that AGAME is unable to accept and must cancel. AGAME reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accepts and undertakes that the same is acceptable and he/she/it will not contest/raise any dispute against AGAME on the same. The situations that may result in cancellation of the User's order includes, without limitation, non-availability of the product(s) or quantities ordered by the User, non- availability of the services, inaccuracies or errors in pricing information, or problems identified by AGAME
- AGAME may also require additional verification or information before accepting any order. AGAME will contact the User if all or any portion of the User's order is canceled or if additional information is required to accept the User's order. If the order is canceled after the credit/debit cards, Net banking, wallets, UPI/ any other mode of payment has been charged, the said amount will be reversed in the User's credit/debit card account and AGAME shall not be liable for such cancellation.
CANCELLATIONS, REFUNDS AND RETURNS
Please refer to our Cancellation, refund and returns policy provided on our Platforms.
Delivery usually takes 5-7 business days from the date of order placement. Upon placement of the order, the estimated shipping and delivery timelines shall be available on the order details page. The estimated delivery times are indicative, hence there may be some unforeseeable delays, which are beyond our control. For orders containing multiple products, delivery may be made in multiple shipments.
You agree that the AGAME shall not be liable to pay for any damage or loss either direct or indirect owing to such cancellation of the order or delay in delivery. It is understood by the User that AGAME uses third party delivery services, shall not be liable to pay for any damages caused by the actions, negligence or delay by the delivery agent.
For further details please refer to our Shipping and Delivery policy provided on our Platforms.
We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit /debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to anyone as we may deem fit.
Users are prohibited from reselling any products of AGAME, in an unauthorized manner, either on any online platform or in-person. Any such act on part of any User shall give AGAME the unfettered right to terminate their Account in addition to initiating legal action, both civil and criminal, available at law or in equity.
PRODUCT AND PRICING INFORMATION
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event, we accept your order through online payments the same may be debited to your credit/debit cards,UPI/Wallets/netbanking /other payment modes and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. As the User, it is your responsibility to confirm the applicability of the coupon codes/promotional offers/discounts before availing of the same.
USE OF THE PLATFORMS
For registering a new User on the Platforms, AGAME may collect certain personally identifiable information including your first name and last name, and contact details such as your email address, phone number, billing/shipping address, other contact information, demographic details and so on. By registering on the Platforms, it is deemed that the User has expressly consented for such data collection and processing for their use of the Platforms. You may create and hold one user account (“Account”) only. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your Account. You acknowledge that the information you provide or publish on the Platforms, in any manner whatsoever, including feedback, comments, reviews are not confidential or proprietary and does not infringe any rights of a third party in any manner whatsoever. Each Account is non-transferable and may not be sold, traded, combined, or otherwise shared with any other person.
By accessing the Platforms or placing an order or sending any information, you are communicating with AGAME electronically and you agree to receive communications (including transaction, promotional and/or commercial messages) from AGAME periodically and as and when required. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platforms or by any other mode of communication.
INTELLECTUAL PROPERTY RIGHTS
We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Platforms.
Access to this Platforms does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. All rights, including copyright, in this Platforms, are owned by or licensed to us. You may not modify, distribute or re-post anything on this Platforms for any purpose.
AGAME’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of AGAME or licensed to AGAME. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Platforms.
Access to this Platforms does not authorize anyone to use any name, logo or mark which appear on the Platforms in any manner. References on this Platforms to any names, marks, products or services of third parties or hypertext links to third-party Platforms or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Platforms (collectively, the Content ) are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Platforms or any related software.
The compilation (meaning the collection, arrangement, and assembly) of all Content on this Platforms is the exclusive property of AGAME and is also protected by Indian and international copyright laws. The Content and software on this Platforms may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Platforms is strictly prohibited
OWNERSHIP OF RIGHTS
Any use of this Platforms or its contents, including copying, sharing or storing and reproducing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit written permission of AGAME. All information displayed, transmitted or carried on the Platforms is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Platforms may be owned by third parties. This site is designed, updated and maintained by AGAME or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, re-post, perform, display or in any way commercially exploit any of the content available on the Platforms.
You shall not use the Platforms for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, grossly harmful, vulgar, obscene, blasphemous, defamatory, pornographic, paedophilic, invasion of others privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling in any manner whatsoever;
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- Gaining unauthorized access to other computer network systems;
- Interfering with any other person's use or enjoyment or disrupting networks of the Platforms;
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
- You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Platforms that belongs to another person and to which you do not have any right to;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person or harms minors in any way;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Platforms; and
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from
- Violating or attempting to violate the integrity or security of the Platforms or its content;
- Transmitting any information (including job posts, messages and hyperlinks) on or through the Platforms that is disruptive or competitive to the products/services provided by us;
- Intentionally submitting on the Platforms any incomplete, false or inaccurate information;
- Making any unsolicited communications to other users of the Platforms;
- Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platforms;
- Attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms;
- Copying or duplicating in any manner any of the content on the Platforms or other information available from the Platforms; and
- Framing or hot-linking or deep linking any content on the Platforms.
You understand that by using this Platforms or any services provided on the Platforms, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Platforms and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You are prohibited from violating or attempting to violate the security of the Platforms, including, without limitation:
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other User, host or network, including, without limitation, via means of submitting a virus to the Platforms, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;
- Sending unsolicited emails, including promotions and/or advertising of products or services; or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platforms or any activity being conducted on this Platforms. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation of browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Platforms other than the search engine and search agents available on this Platforms and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer)
REFUSAL OF SERVICE
We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security or proper administration of the service.
We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Platforms. You agree to defend, indemnify and hold harmless AGAME, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or in actions, which may result in any loss or liability to AGAME or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
PLATFORMS FEEDBACK, USER COMMENTS AND USER-GENERATED CONTENT
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Platforms or otherwise disclosed, submitted or offered in connection with your use of this Platforms (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
We are and shall be under no obligation : -
- to maintain any Comments in confidence;
- to pay you any compensation for any Comments; or
- to respond to any Comments.
When you visit the Platforms or contact us via Emails/SMS/WhatsApp messages/phone calls or messaging through any other media, or purchase any of the products/services offered by us, you are communicating with us. You unconditionally consent to receive commercial, i.e. any communication regarding the goods and services of AGAME and transactional communications from us via all aforementioned media. We will communicate with you by email, SMS, WhatsApp messages/phone calls/push notifications other electronic media or by posting notices on the Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or request our call back, you consent to receive calls on that number for communication-related to your order/request and other site related communication and you hereby expressly permit us to communicate with you. Users understand that such communications will not be unsolicited commercial communications as per the Telecom Commercial Communications Customer Preference Regulations, 2018. In case you wish to opt-out, you may unsubscribe from such communications.
LIMITATION OF LIABILITY AND DISCLAIMERS
The Platforms are presented "as is" without warranty of any kind. Neither we nor our holding, subsidiaries, affiliates, partners, investors, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, investors or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on the Platforms; (c) data non-delivery, loss, theft, mi-delivery, error in the delivery of text message, error in tracking details, corruption, destruction or other modification; cyber attacks; fraud messages; scams (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-Platforms links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third-party Platforms; (f) any inaccuracies or omissions in content or for the results obtained from the use of such information or for any technical problems you may experience with the Platforms; or (g) events beyond the reasonable control of AGAME or (h) product warranty offered by the manufacturer of the product as specified in the product specifications. i) for any purchases or orders placed with any unauthorized resellers/distributors either virtually on any third-party platforms and/or Platforms or in-person, domestically or internationally. We make no representations or warranties that defects or errors will be corrected.
The User understood that the Platforms is controlled and operated by us from our offices in India. We make no representation that Material in the Site is appropriate or available for use in international locations. Those who choose to access this Platforms from other international locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Further, to the fullest extent permitted by law, neither we nor our holding, subsidiaries, affiliates, partners, investors or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits, goodwill or other intangible losses) related to the site or your use thereof regardless of the form of action whether, in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed the amount charged to you, against the value of the products ordered by you or providing a replacement of the product to you, on the verification of a complaint.
User understood that any bulk purchase of AGAME products used by you for resale of such products worldwide without direct authorization/ consent of the Company is prohibited
You must bear the risks associated with the use of the Platforms. The Platforms provides content from other Internet Platforms or resources and while we try to ensure that material included on the Platforms is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you.
User understand that AGAME might receive information about you from other sources, such as updated delivery and address information from third parties, which we use to correct our records and deliver your next purchase more easily. Further, we may receive information about you from third parties that feature our Products or promotional offers if you opt-in to receive information from us. You may also choose to participate in a third party application or social media sites through which you allow us to collect (or the third party to share) Personal Information about you, including usage information. We may also receive information, such as marketing related or demographic information about you from third parties to enhance our ability to tailor our content and offer you the Products that we believe may be of interest to you. The Company is not responsible for the privacy practices of such third-party Platforms which it does not own, manage or control.
Depending on the jurisdiction you are currently residing in or the location from where you are accessing the Platforms, some of the aforementioned limitations may not be applicable. It is also clarified that AGAME does not contact Users for any cash prizes or sell products through telemarketing. You are advised not to act upon such promotion/advertising/marketing tactics and refrain from sharing your sensitive personal data such as passwords, CVV Number or any other personal data. It is further clarified that AGAME products are sold, marketed and distributed exclusively within the territory in India. AGAME shall not be liable for transactions between user and unauthorized distributors/resellers/selling AGAME Products through any medium within India or in any other country.
This User Agreement is effective unless and until terminated by either you or us. In case you no longer wish to be associated with this Platforms, you may discontinue any further use of this Platforms. You may terminate this User Agreement at any time by informing us to permanently close your Account by writing to us at email@example.com. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Platforms. Such termination will be without any liability to AGAME. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Platforms, as well as all copies of such materials, whether obtained under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the products/services already ordered from the Platforms or affect any liability that may have arisen under the User Agreement. We may retain your data, if necessary, to comply with our contractual obligations or legal requirements under applicable laws.
SEVERABILITY AND ENTIRE AGREEMENT
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect.
Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Platforms/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Platforms/services. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
DISPUTE RESOLUTION AND GOVERNING LAW
These terms and conditions are subject to laws of India and any dispute shall be subject to the jurisdiction of the courts in Mumbai only. If any dispute or difference of any kind whatsoever shall arise between the User and AGAME in connection with or arising out of this User Agreement, both AGAME and the User shall promptly and in good faith negotiate with a view to an amicable resolution and settlement of the dispute., In the event that the parties are unable to settle the dispute amicably, all disputes will be settled by arbitration in Mumbai in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost. The courts in Mumbai shall have exclusive jurisdiction in relation to matters or disputes arising from the User Agreement.
If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Platforms, please email us at firstname.lastname@example.org
Customer Service Desk
E-mail id: email@example.com
Contact Days: Monday to Sunday (10 a.m. to 7 p.m.)